Higher order animals, according to New Zealand law which regulates the scientific uses of animals (Animal Welfare Act 1999), include all mammals (but not human beings), birds, reptiles, fish (bony or cartilaginous), octopus, squid, crab, lobster or crayfish (fresh and salt water). In the context of research, teaching and testing, higher order animals are also considered to include mammalian fetuses during the last half of pregnancy (i.e. an animal’s babies before they are born), the unhatched young of birds or reptiles during the last half of their development in the egg, and marsupial pouch young. This is because it is thought likely that animals in these stages of development might be able to experience pain and suffering. In comparison, lower order animals include some micro-organisms and non-vertebrate animals.

Note that special conditions apply to any research, teaching or testing procedure proposed for Great Apes. These ensure that virtually no invasive procedures can be done on Great Apes in New Zealand.